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Dear Mr. Burt, My case was in South Carolina, perhaps, expungement

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Dear Mr. Burt,

My case was in South Carolina, perhaps, expungement is possible under their law.

Points of interest: My case was not unique. There were and are hunderds of other cases singling out physicians as drug dealers or recipients of medical billing fraud. In ALL cases, the allegation of "conspiracy" was charged therefore, cash assets were frozen which effectively blocked access to funds to defend ourselves. In my case the three of us were relagated to public defenders for legal representation. (To be noted, at two crucial junctures in our trial, OUR PDs AGREED with the prosectors after the judge very adroitly, illustrated a point that would have potentially exonerated us!) Whose side were our attorneys on??!!

You may ask..."why were me and perhaps, thousands of other physicians being persecuted, that is prosecuted?" The answers are fame and fortune. By the way, I am not being cynical it's just that the facts reveal these two common INCENTIVES: 1) prosecutors gain fame and promotions by successfully convicting high profile "drug/doctor" cases (remember the media generated Oxycontin drug epidemic?) Later, it was confirmed that > 95% of the class II and III narcotics were purchased in CANADA by U S drug dealers and then, were sold throughout America. Hence, the vast majority of those outlawed drugs did NOT originate from pain specialists as purported by both the DEA and media sources and , 2) law enforcers and DEA agents are allowed by law to have first dibs in purchasing forfeited assesses such as our homes, cars, and other valubles at ridiculously low prices. How would you like to buy a $100,000 Mercedes for $10,000? Also, along these lines, the forfeited cash would be funneled into the arresting agents' departmental funds for the purpose of providing sizeable raises, "bonuses", and items such as, police cars, computers, building repairs, etc.

To be noted, law enforcement agents and prosecutors attended mandated seminars specifically, designed to ensure air tight cases. This training was very effective, generating an 100% conviction rate based on fraud, perjury, and adept deception of jurors.

There's an well documented book that addresess a multitude of well researched cases of law enforcement fabrications and prosecutorial malfeasance against physicians. It's entitled... The Criminalization of Medicine: Americas War on Doctors authored by Professor Ronald T. Libby. (My case is addressed in chapter 9, stating on pg. 169). The book for the most part illustrates case after case of alleged billing fraud and unabashed bravado by which DEA agents and Federal prosecutors manipulated or outright broke the law to "prove" or win their cases. They took extreme advantage of law enforcement and prosecutorial "IMMUNITY" of the law to inflict profound financial, social, and psychological devastation to not only the physicians, but to their family and friends.

Very few of us have been able to obtain gainful employment because of our specialized education, and our trashed credit histories. However worst of all, our "criminal" records, in almost all cases, preclude any chance of an interview to perhaps, be able to explain what happened TO us as opposed to what happened as a RESULT of our alleged activities. Few prospective employers will even take the time to process our applications much less extend an interview.

To be sure, many of us are broke (some months I have less than $13.00 in my joint account with my wife of 28 years). Many of us are incarcerated serving sentences of up to 30 years (my initial sentence was 292 months to be followed by 60 months). And some of us have sadly commited suicide. To be frank, I too, seriously entertained the thought many times during the three years of repeatedly failed appeal attempts.

My intentions directly or indirectly through you or perhaps, Judge Mathis are to prove my innocence AND "out" this whole abomination of the law thereby, attaining the freedom of my colleagues and restitution of our lives both financially and psycologically.

In closing, I would like to ask if it would be possible for you to identify a law agency or law students who would be willing to put in the time (pro bono) to research the TRUE facts of my case that will surely result in exoneration for me and my colleagues.

I am a licensed attorney and will be glad to try and assist you. I certainly do remember that it was a pleasure to assist you previously. Many thanks for the honor of requesting my services by name. To provide you with accurate information, could you please clarify this point:

Are you also seeking information about an expungement in South Carolina? [I am genuinely sorry if I misunderstood as your prior post referenced New York.]

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible. As it is evening, this may be tomorrow (Wednesday), but you have my word I will not forget about you or leave you hanging.

Yes, I am seeking information to obtain an expungement from the court in South Carolina.

My mention of NY was in reference to my childhood upbringing in Brooklyn. By the way, what state are you practicing in? I'm just curious.

To reiterate, can you put me in contact with a pro bono legal organization or law students who need a law project to research for a term paper or presentation.

Do you recall the movie "The Hurricane" (1999) with actor Denzel Washington playing the role of boxer Hurricane Carter who was wrongly convicted of three murders and was sentenced to three life sentences? His conviction was over turned largely due to the exonerating research of three Canadian student advocates. This scenario of law student advocates is what I'm hoping you can arrange or put me in contact with.

I strongly believe that if I can win my appeal or get a retrial (risky?) I'm sure that I can organize a hundred or more wrongly convicted physicians to pool their collective cash resources to put up a $1,000,000 retainer to an attorney/s to represent them in a civil suit (?) against the State and Federal prosecutors/judges or Gov'ts involved.

This would be an unprecedented litigation and perhaps, dangerous (we feel that one of the doctors of a particular case changed his mind about perjury as a provision of his plea bargain... within a few days he was found dead under mysterious circumstances). Their message was loud and clear and as a result, all of us have been duly reticent about being pro-active in clearing our names. We are truly afraid for our lives to go against the government.

It's very disquieting to come to the realization that the very agencies that we look to for protection are the very same ones persecuting us!

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

I am a licensed attorney with criminal law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.

Thank you for writing back with the additional information, which was helpful to my analysis of your inquiry. I will gladly answer each of your questions in turn, and I am gratified that you would request to dialog with me. You have endured an injustice and that you have seemed to maintain such a positive outlook is amazing.

"Yes, I am seeking information to obtain an expungement from the court in South Carolina." Believe me, it gives me no pleasure to once again be the bearer of some discouraging news. Here is the botXXXXX XXXXXne. South Carolina law on expungement is quite restrictive and this remedy is simply not available to you at this juncture. Expunction is only available in the following cases: (1) dismissal or nonconviction -- South Carolina Code of Laws § 17-1-40; (2) successful completion of pre-trial intervention -- South Carolina Code of Laws § 17-22-150; (3) certain fraudulent checks -- South Carolina Code of Laws § 34-11-90(e); (4) first offense simple possession of marijuana -- South Carolina Code of Laws § 44-53-450(b); and (5)certain first offense convictions in Magistrate's Court or Municipal Court -- South Carolina Code of Laws § 22-5-910

"By the way, what state are you practicing in?" I am a member of the State Bar of Texas, licensed by the Supreme Court of Texas to practice law. I have worked extensively with the laws of all domestic jurisdictions in my capacities as a former legal editor and as a legal consultant with a worldwide firm of some 400 lawyers.

"To reiterate, can you put me in contact with a pro bono legal organization or law students who need a law project to research for a term paper or presentation." You are right on the mark by raising this issue. Given the particulars of your case (i.e. the nature of the conviction, the fact that you have been released, etc.) some excellent resources such as The Innocence Project and/or the American Civil Liberties Union are not going to be of help here. If I were in your shoes, I would contact the following and ask to present your case: (1) Pro Bono Program, University of South Carolina School of Law, Room 233, Columbia, South Carolina 29208,(NNN) NNN-NNNN and (2) Director of Public Service and Pro Bono, Charleston School of Law's,XXXXX Post Office Box 535, Charleston, South Carolina 29402,(NNN) NNN-NNNN

"Do you recall the movie "The Hurricane" (1999) with actor Denzel Washington playing the role of boxer Hurricane Carter who was wrongly convicted of three murders and was sentenced to three life sentences?" I am a huge fan of both this movie and most any role played by the incomparable Denzel Washington. If you have not already seen it, here is another case where law students and their professor scored a legal victory against seemingly insurmountable odds: Reversal of Fortune (1990).

I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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